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2025 DAILYLAW 173467 (ALL)

SMT. SMITA SRIVASTAVA v. DR. SWAPNIL SRIVASTAVA

A227/6230/2025 · 2025-11-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6230 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mohd. Imran Khan, the learned counsel for the petitioner and perused the records. 2. Keeping in view the nature of reliefs sought and order proposed to be passed issuance of notice to the opposite party is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Additional Principal Judge, Family Court No.5, Lucknow for expeditious disposal of the suit for divorce bearing Case No.4271 of 2023: Smt. Smita Srivastava Vs. Dr. Swapnil Srivastava, under Section 13(1)(ia)(ib) of Hindu Marriage Act filed by her against the opposite party. 4. The petitioner had filed a suit for divorce under Section 13(1)(ia)(ib) of Hindu Marriage Act on 12.12.2023. On 04.10.2024 the trial court passed an order holding the service of summon of the suit to be sufficient. On 04.11.2024 the suit was ordered to be proceeded ex-parte. The opposite party put in appearance by filing a vakalatnama in the family court on 12.07.2025. The order to proceed ex-parte against the defendant was set aside by means of an order dated 08.05.2025. 5. The learned counsel for the petitioner has submitted that the Versus Counsel for Petitioner(s) : Mohd. Imran Khan Counsel for Respondent(s) : Smt. Smita Srivastava .....Petitioner(s) Dr. Swapnil Srivastava .....Respondent(s) defendant has not filed written statement till date. He has submitted that Section 21-B(2) of Hindu Marriage Act provides that a suit for divorce shall be decided expeditiously within a period of six months. 6. In these circumstances, the petition is disposed of by issuing a direction to the learned earned Additional Principal Judge, Family Court No.5, Lucknow to proceed with the Case No.4271 of 2023: Smt. Smita Srivastava Vs. Dr. Swapnil Srivastava, under Section 13(1)(ia)(ib) of Hindu Marriage Act expeditiously and decide the same without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals, keeping in view the statutory mandate contained in Section 21-B(2) of Hindu Marriage Act. November 3, 2025 Ram. A227 No. 6230 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench